South Carolina General Assembly
106th Session, 1985-1986
Journal of the House of Representatives

THURSDAY, JANUARY 30, 1986

Thursday, January 30, 1986
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God of love and compassion, be our sure Stay and Strength in every circumstance and condition of life. If we shed tears of concern and pain, dry them. Bring healing where relationships have disintegrated. Embrace us with Your comfort as we feel loss and disappointment. Inspired by Your teachings, help us to live each day as to make it count. Knowing confidently that we can depend on You to aid us in moving forward in our thinking and in our doing, give us the courage to face each encounter of life and to deal with every crisis when the easier thing would be to walk away.

Enable us to embrace in certainty the words of the Psalmist: "God is our Refuge and Strength, a very present Help in trouble". Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. GORDON.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

STATEMENT BY REP. KLAPMAN

On motion of Rep. McTEER, with unanimous consent, Rep. KLAPMAN'S remarks were ordered printed in The Journal as follows:

"It is my intention to honor those brave and courageous Americans that have given their lives in service to the country. This poem is submitted to do this."

THEY SOFTLY WALK

They are not gone who pass

Beyond the clasp of hand,

Out from the strong embrace.

They are but come so close

We need not grope with hands,

Nor look to see, nor try

To catch the sound of feet.

They have put off their shoes

Softly to walk by day

Within our thoughts, to tread

At night our dream-led paths

Of sleep.

They are not lost who find

The sunset gate, the goal

Of all their faithful years.

Not lost are they who reach

The summit of their climb,

The peak above the clouds

And storms. They are not lost

Who find the light of sun

And stars and God.

They are not dead who live

In hearts they leave behind.

In those whom they have blessed

They live a life again,

And shall live through the years

Eternal life, and grow

Each day more beautiful

As time declares their good,

Forgets the rest, and proves

Their immortality.

Hugh Robert Orr

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

The Municipal Association of South Carolina will hold their 12th Annual Winter Meeting and Legislative Conference in Columbia on February 12 and 13, 1986.

We would like to extend an invitation to the members of the House of Representatives to be our guests at a reception scheduled for Wednesday, February 12, 1986, beginning at 6:30 p.m. at the Carolina Inn.

With best wishes,

Sincerely,
J. McDonald Wray
Executive Director

REPORTS OF STANDING COMMITTEE

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3147 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN STATUTES RELATING TO ALCOHOLICS AND DRUG ADDICTS, SO AS TO CHANGE A DEFINITION OF "ADDICT SUBJECT TO JUDICIAL HOSPITALIZATION" TO "ADDICT SUBJECT TO NONEMERGENCY HOSPITALIZATION", CHANGE THE DEFINITION OF "TREATMENT FACILITY" SO THAT THE FACILITIES MUST BE LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSTEAD OF APPROVED BY THE STATE DEPARTMENT OF MENTAL HEALTH, AND CHANGE THE DEFINITION OF "COURT".

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3148 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGE OF ALCOHOLIC AND DRUG ADDICTS BY THE HEAD OF A TREATMENT FACILITY, SO AS TO PROVIDE THE PROCEDURE FOR TRANSFER OF A PATIENT INCLUDING TRANSFERS BY THE COMMISSIONER OF THE STATE DEPARTMENT OF MENTAL HEALTH, AND TO REPEAL SECTION 44-51-140, RELATING TO TRANSFER OF PATIENTS BY THE COMMISSIONER OF THE STATE DEPARTMENT OF MENTAL HEALTH.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3149 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIALLY HOSPITALIZED PATIENTS LEAVING ALCOHOLIC AND DRUG ADDICT TREATMENT CENTERS WITHOUT PERMISSION OR VIOLATING CONDITIONS OF RELEASE, SO AS TO CHANGE REFERENCES TO JUDICIALLY HOSPITALIZED PATIENTS TO NONEMERGENCY HOSPITALIZED PATIENTS, AND TO PROVIDE THAT ANY PATIENT WHO VIOLATES THE CONDITIONS OF HIS RELEASE MAY BE TAKEN INTO CUSTODY ON WRITTEN ORDER OF THE COURT, INSTEAD OF ON WRITTEN ORDER OF THE HEAD OF THE TREATMENT FACILITY.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3150 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURT ORDERED TREATMENT OF AN ADDICT, SO AS TO PROVIDE FOR NONEMERGENCY HOSPITALIZATION INSTEAD OF JUDICIAL HOSPITALIZATION AND TO PROVIDE THAT THE COURT MAY ORDER INPATIENT OR OUTPATIENT TREATMENT.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3151 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF PATIENTS FROM ALCOHOL AND DRUG ADDICT TREATMENT FACILITIES, SO AS TO CHANGE REFERENCES TO TRIAL VISITS TO TEMPORARY LEAVES OF ABSENCE AND TO ALLOW HEADS OF TREATMENT UNITS TO PERMIT LEAVES OF ABSENCE.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3152 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTIONS 44-51-90, 44-51-100, AND 44-51-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT OF ALCOHOLICS AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES TO JUDICIAL HOSPITALIZATION TO NONEMERGENCY HOSPITALIZATION.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3153 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMENCEMENT OF JUDICIAL HOSPITALIZATION PROCEEDINGS FOR DRUG ADDICTS, SO AS TO PROVIDE FOR NONEMERGENCY HOSPITALIZATION PROCEEDINGS AND TO REDUCE FROM TWO TO ONE THE NUMBER OF PHYSICIANS THAT MUST EXAMINE AND CERTIFY THAT AN INDIVIDUAL IS AN ADDICT AND TO PROVIDE HIM COUNSEL IF ONE IS NOT RETAINED.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3154 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OR RETENTION OF INVOLUNTARY PATIENTS BEING TREATED FOR ALCOHOLISM OR DRUG ADDICTION AND COMMENCEMENT OF PROCEEDINGS FOR JUDICIAL HOSPITALIZATION, SO AS TO PROVIDE FOR NONEMERGENCY HOSPITALIZATION INSTEAD OF JUDICIAL HOSPITALIZATION; TO REQUIRE PATIENTS TO REMAIN IN TREATMENT FACILITIES FOR AT LEAST TWENTY DAYS INSTEAD OF FIVE DAYS UNLESS DISCHARGED; AND TO PROVIDE FOR RELEASE TO BE POSTPONED FOR COMMENCEMENT OF PROCEEDINGS FOR TWENTY DAYS INSTEAD OF FIVE DAYS.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3155 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVOLUNTARY ADMISSION OF AN ALCOHOLIC OR DRUG ADDICT TO TREATMENT FACILITY FOR NONEMERGENCY HOSPITALIZATION, SO AS TO REDUCE FROM TWO TO ONE THE NUMBER OF PHYSICIANS REQUIRED TO CERTIFY THAT THE PERSON TO BE ADMITTED HAS BEEN EXAMINED AND IS AN ALCOHOLIC OR DRUG ADDICT.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3156 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY ADMISSION TO A FACILITY FOR TREATMENT OF ALCOHOLISM OR DRUG ADDICTION, SO AS TO REDUCE FROM EIGHTEEN YEARS TO SIXTEEN YEARS THE AGE AT WHICH A PERSON MAY APPLY FOR VOLUNTARY ADMISSION AND TO PROVIDE THAT A PARENT OR LEGAL GUARDIAN OF A PERSON UNDER SIXTEEN INSTEAD OF EIGHTEEN YEARS OF AGE MAY APPLY IN THE PERSON'S BEHALF.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3225 -- Reps. Sharpe, Helmly, Woods, J. Harris and P. Harris: A BILL TO AMEND SECTION 44-51-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN STATUTES RELATING TO ALCOHOLICS AND DRUG ADDICTS, SO AS TO DEFINE "CHRONICITY".

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3227 -- Reps. Sharpe, Helmly, Woods, J. Harris and P. Harris: A BILL TO AMEND SECTION 44-51-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO AUTHORIZE IT TO PROVIDE CARE AND TREATMENT FOR INVOLUNTARY ADMISSIONS OF ALCOHOL AND DRUG ABUSE PATIENTS.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3228 -- Reps. Sharpe, Helmly, Woods, J. Harris and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-51-135 SO AS TO PROVIDE FOR A PETITION FOR TERMINATION OF HOSPITALIZATION FOR ALCOHOL AND DRUG ADDICTION AND TO PROVIDE FOR NOTIFICATION OF THE RIGHT TO PETITION.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3229 -- Reps. Sharpe, Helmly, Woods, J. Harris and P. Harris: A BILL TO AMEND SECTION 44-51-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM PERIODS OF TREATMENT AT ALCOHOLIC TREATMENT FACILITIES, SO AS TO INCREASE THE MAXIMUM TREATMENT PERIOD FOR OUTPATIENT CARE FROM ONE YEAR TO EIGHTEEN TO TWENTY-FOUR MONTHS; TO PROVIDE THAT OUTPATIENT CARE MAY BE A CONDITION OF RELEASE FROM INPATIENT CARE; TO PROVIDE THAT THE COURT, IN CONJUNCTION WITH MENTAL HEALTH SPECIALISTS INSTEAD OF THE HEAD OF THE FACILITY, MAY PROVIDE TEMPORARY LEAVES OF ABSENCE INSTEAD OF TRIAL VISITS; TO INCREASE THE MAXIMUM PERIOD OF JUDICIAL HOSPITALIZATION IN ANY EVENT FROM ONE YEAR AND NINETY DAYS TO TWO YEARS AND FIVE MONTHS; TO DELETE THE SPECIAL PROVISIONS FOR DRUG ADDICTS; TO PROVIDE THAT THE PROVISIONS OF THE SECTION SHALL APPLY TO ALCOHOLICS, DRUG ADDICTS, AND PERSONS ADDICTED TO A COMBINATION OF ALCOHOL AND DRUGS; TO PROVIDE THAT A REPORT BASED ON CASE REVIEW BE MADE TO THE COURT WITHIN TWENTY DAYS FROM RELEASE FROM INPATIENT TREATMENT; TO PROVIDE FOR RETURN WITHIN TWENTY DAYS TO A TREATMENT FACILITY WITHOUT A HEARING IF THE REPORT INDICATES FURTHER TREATMENT IS NEEDED THERE; AND TO PROVIDE THAT A PATIENT MUST BE GRANTED A COURT HEARING AFTER THE TWENTY-DAY PERIOD BEFORE HE IS RETURNED TO INPATIENT TREATMENT DURING THE OUTPATIENT TREATMENT PERIOD.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3232 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF VOLUNTARY PATIENTS BEING TREATED FOR ALCOHOLISM OR DRUG ADDICTION AND COMMENCEMENT OF PROCEEDINGS FOR JUDICIAL HOSPITALIZATION, SO AS TO PROVIDE FOR NONEMERGENCY HOSPITALIZATION INSTEAD OF JUDICIAL HOSPITALIZATION; TO PROVIDE FOR RELEASE TO BE POSTPONED FOR COMMENCEMENT OF PROCEEDINGS FOR NOT MORE THAN TWENTY DAYS INSTEAD OF TEN DAYS; TO PROVIDE THAT THE PATIENT MUST BE IMMEDIATELY RELEASED IF NONEMERGENCY HOSPITALIZATION IS NOT ORDERED OR IS DETERMINED TO BE UNWARRANTED; AND TO REQUIRE A DETERMINATION OF CHRONICITY FOR NONEMERGENCY HOSPITALIZATION TO BE ORDERED.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3390 -- Reps. Koon, T.M. Burriss, Derrick, Felder, Klapman, Sharpe, Sturkie and Gentry: A CONCURRENT RESOLUTION TO COMMEND MR. DAVIS DURHAM OF WEST COLUMBIA FOR HIS SERVICE AS DISTRICT SCOUT EXECUTIVE FOR THE SALUDA RIVER DISTRICT OF THE INDIAN WATERS COUNCIL OF THE BOY SCOUTS OF AMERICA UPON HIS RETIREMENT AFTER HAVING SERVED SCOUTING IN A PROFESSIONAL CAPACITY FOR TWENTY-FIVE YEARS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3391 -- Reps. Boan, Ogburn, Short, Hayes, Lewis, Mangum, Kirsh, Freeman, Sheheen and Foster: A BILL TO AMEND SECTION 50-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LENGTH LIMIT ON LARGEMOUTH BASS IN LAKE ROBINSON, SO AS TO MAKE IT UNLAWFUL TO TAKE OR POSSESS LARGEMOUTH BASS LESS THAN TWELVE INCHES IN LENGTH IN THE BODIES OF WATER WHERE SPECIAL FRESH WATER PERMITS ARE REQUIRED BY SECTION 50-9-500.

Referred to Committee on Agriculture and Natural Resources.

H. 3392 -- Reps. Mitchell, McBride, Gordon, Holt, Gilbert, White, Blanding, T. Rogers, Toal, Taylor, Faber, Harvin, Shelton, D. Martin, Waldrop, Russell, S. Anderson and Woodruff: A BILL TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO MAKE THE THIRD MONDAY IN JANUARY THE DATE MARTIN LUTHER KING'S BIRTHDAY IS CELEBRATED AS A STATE LEGAL HOLIDAY AND TO MAKE THIS DATE A PERMANENT STATE HOLIDAY FOR STATE EMPLOYEES RATHER THAN AN OPTIONAL STATE HOLIDAY.

Referred to Committee on Judiciary.

H. 3393 --Reps. J. Rogers, J. Bradley, Washington and Winstead: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS SO AS TO ALLOW THE GENERAL ASSEMBLY TO PERMIT THE STATE OR ITS POLITICAL SUBDIVISIONS TO APPLY MONIES DERIVED FROM TAXATION TO OBLIGATIONS OR EXPENDITURES FOR THE BENEFIT OF ANY INDIVIDUAL, COMPANY, ASSOCIATION, CORPORATION, OR ANY RELIGIOUS OR OTHER PRIVATE EDUCATION INSTITUTION SO LONG AS NO CONTINUING OBLIGATION THEREFOR IS INCURRED.

Referred to Committee on Ways and Means.

H. 3394 -- Reps. J. Rogers, J. Bradley, Winstead and Washington: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 17 SO AS TO PROVIDE THAT LANDS TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THIS STATE AND USED BY PRIVATE ENTITIES ARE NOT SUBJECT TO TAXATION BY A COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR SPECIAL PURPOSE DISTRICT IF THE USER IS PERMITTED UNDER THOSE TERMS AS THE GENERAL ASSEMBLY MAY PROVIDE BY GENERAL LAW TO NEGOTIATE A FEE IN LIEU OF TAXES.

Referred to Committee on Ways and Means.

H. 3395 -- Reps. J. Rogers, J. Bradley, Winstead and Washington: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 31 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SALE OR DISPOSITION OF PUBLIC LANDS SO AS TO PROVIDE THAT STATE LANDS MAY BE DISPOSED OF IN ANY MANNER AUTHORIZED BY THE GENERAL ASSEMBLY EXCEPT THAT IF THE LAND IS NOT TO BE USED FOR A PUBLIC PURPOSE, THE STATE MUST RECEIVE FAIR COMPENSATION THEREFOR AND EXCEPT THAT IF THE LAND IS DONATED FOR A PUBLIC PURPOSE USE, THE TERMS OF THE DONATION MUST INSURE THAT THE STATE EITHER DERIVES A PUBLIC BENEFIT THEREFROM OR THAT TITLE TO THE LAND MUST REVERT TO THE STATE SHOULD THE PROPERTY CEASE TO BE USED FOR THE PURPOSE FOR WHICH IT WAS DONATED.

Referred to Committee on Judiciary.

H. 3396 -- Reps. Foxworth and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-615 SO AS TO PROHIBIT A CANDIDATE FOR PUBLIC OFFICE FROM ADDRESSING, INSTRUCTING, OR INTERRUPTING A PRIMARY OR SECONDARY PUBLIC SCHOOL CLASS UNLESS THAT CLASS IS A PLANNED CLASS IN SOCIAL STUDIES AND THE CANDIDATE IS INVITED BY THE GOVERNING SCHOOL BOARD.

Reps. FOXWORTH and WASHINGTON spoke upon the Bill.

Referred to Committee on Education and Public Works.

H. 3397 -- Reps. Fair, P. Bradley, Rigdon, Brett, Petty, Russell, Davenport, Gilbert and Beasley: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION OF CIVIL ACTIONS BY ADDING SECTION 15-3-145 SO AS TO ABOLISH ACTIONS FOR WRONGFUL BIRTH.

Referred to Committee on Judiciary.

H. 3398 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 IN TITLE 7 SO AS TO ENACT THE SOUTH CAROLINA CODE OF FAIR CAMPAIGN PRACTICES, TO PROVIDE FOR ITS ENFORCEMENT BY THE STATE ELECTION COMMISSION, AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3399 -- Reps. McAbee, P. Bradley, Kay, Sturkie, P. Harris, O. Phillips, Lockemy, Elliott, Altman and Fair: A BILL TO AMEND CHAPTER 5 OF TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNFAIR TRADE PRACTICES, BY ADDING ARTICLE 7 SO AS TO REGULATE THE MANNER OF SALE AND PRICING OF OCTANE AND CETANE FUELS, AND TO CREATE A COMMITTEE TO STUDY OVERALL MOTOR FUEL PRICING PRACTICES; AND TO PROVIDE AN APPROPRIATION TO THE COMMITTEE.

The SPEAKER granted Rep. J. H. BURRISS a leave of absence for the day due to illness.

The SPEAKER granted Rep. L. PHILLIPS a leave of absence for the remainder of the day.

DOCTOR OF THE DAY

Announcement was made that John C. Hawk, III of Charleston, S.C. is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3364 -- Reps. Marchant, Alexander, Blackwell, P. Bradley, Brett, Fair, Mattos, L. Phillips, Rice, Rigdon, Shelton and Wilkins: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY SO AS TO REVISE THE POLLING PLACE OF GREENVILLE PRECINCT 14.

H. 2209 -- Reps. Cork, Aydlette, W. Arthur, Lloyd Hendricks, Cooper, Evatt, Woodruff, Huff, M.D. Burriss, Harvin, Marchant, Blanding, Koon, Carnell, Hawkins and Schwartz: A BILL TO AMEND ACT 190 OF 1979, RELATING TO FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE FIRE COMMISSION IS THE SINGLE SOURCE OF AUTHORITY TO PROMULGATE FIRE PREVENTION AND PROTECTION REGULATIONS AND TO PROVIDE THAT THE FIRE COMMISSION MAY NOT PROMULGATE REGULATIONS CONCERNING THE UNIFORM STANDARD FOR MANUFACTURED HOUSING; TO AMEND SECTION 23-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT FIRE MARSHALS, SO AS TO AUTHORIZE PERSONS CERTIFIED BY THE STATE FIRE MARSHAL TO EXERCISE THE POWERS AND DUTIES OF THE STATE FIRE MARSHAL AND TO AMEND SECTION 23-9-60, AS AMENDED, RELATING TO FIRE PREVENTION AND PROTECTION STANDARDS, SO AS TO DELETE THE REFERENCE TO MINIMUM STANDARDS.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 770 -- Senator Bryan: A BILL TO AMEND ACT 6 OF 1959, RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 55 IN LAURENS COUNTY, SO AS TO REVISE THE ATTENDANCE AREAS IN WHICH CERTAIN MEMBERS OF THE BOARD MUST RESIDE.

H. 3136 -- Rep. J. Rogers: A BILL TO AMEND SECTION 44-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ADD TO THE BOARD THE CHAIRMAN OF THE HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, OR HIS DESIGNEE, AND THE CHAIRMAN OF THE SENATE MEDICAL AFFAIRS COMMITTEE, OR HIS DESIGNEE.

S. 221 -- Senator Doar: A BILL TO AMEND SECTION 50-17-1021, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SET AND CHANNEL NETS, SO AS TO PROVIDE THAT THE DIVISION OF MARINE RESOURCES OF THE WILDLIFE AND MARINE DEPARTMENT MAY EXTEND THE OPEN SEASON FOR THEIR USE BY NO MORE THAN THIRTY DAYS IN ANY YEAR.

H. 2418 -- Reps. Beasley, J. Rogers, Elliott, McBride, Faber, Woodruff, T. Rogers, Keyserling, Thrailkill, R. Brown, Evatt, Taylor, Bennett, Hayes, Foster, J. Anderson, Sturkie, Gilbert, Mitchell, Toal, Hearn, Waldrop, Harvin, Woods, Washington, G. Brown, Limehouse, J.W. Johnson, McLeod, Stoddard, Williams, Shelton, Griffin, Foxworth, Davenport, G. Bailey, D. Martin, Mattos and McKay: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION OF THE COUNTY WHEREIN HE IS BEING REPRESENTED IF ONE EXISTS, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.

H. 3021 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO DELETE A REFERENCE TO AN EMPLOYEE DISCHARGED BY AN ELECTED OFFICIAL, AND TO ADD A SPECIFIC REFERENCE THAT AN EMPLOYEE DISCHARGED BY THE ADMINISTRATOR OR DESIGNATED DEPARTMENT HEAD MUST FOLLOW THE GRIEVANCE PROCEDURES AS ESTABLISHED BY COUNTY COUNCIL, BUT IF NO GRIEVANCE PROCEDURES ARE IN PLACE, TO ALLOW THE DISCHARGED EMPLOYEE TO REQUEST A HEARING BEFORE COUNTY COUNCIL.

Rep. SHEHEEN explained the Bill.

H. 3055 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND SECTION 5-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE MUNICIPAL COUNCIL UNDER THE COUNCIL-MANAGER FORM OF GOVERNMENT, SO AS TO PROVIDE THAT THE MAYOR SHALL PRESIDE AT MEETINGS OF COUNCIL.

Rep. SHEHEEN explained the Bill.

H. 3056 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND SECTION 5-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE AND ADMINISTRATIVE POWERS VESTED IN THE COUNCIL FORM OF GOVERNMENT, SO AS TO PROVIDE THAT THE MAYOR SHALL PRESIDE AT MEETINGS OF COUNCIL.

Rep. SHEHEEN explained the Bill.

S. 828 -- Senator Bryan: A BILL TO AMEND ACT 110 OF 1981, AS AMENDED, RELATING TO MAGISTRATES AND MAGISTRATES' JURY AREAS IN THE VARIOUS COUNTIES OF THE STATE, SO AS TO CONSOLIDATE THE NINE JURY AREAS IN LAURENS COUNTY INTO THREE.

Rep. SHEHEEN explained the Bill.

H. 3388 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: A BILL TO AMEND SECTION 40-35-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS SO AS TO REMOVE THE PUBLIC MEMBER FROM THE BOARD; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS.

Rep. SHEHEEN explained the Bill.

H. 3136--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J. ROGERS, with unanimous consent, it was ordered that H. 3136 be read the third time tomorrow.

S. 221--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 221 be read the third time tomorrow.

H. 3021--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3021 be read the third time tomorrow.

H. 3055--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3055 be read the third time tomorrow.

H. 3056--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3056 be read the third time tomorrow.

S. 828--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J. W. JOHNSON, with unanimous consent, it was ordered that S. 828 be read the third time tomorrow.

H. 3388--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3388 be read the third time tomorrow.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that it be enrolled for Ratification.

H. 2958 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTIONS 40-15-70, 40-15-110, 40-15-130, 40-15-140, AS AMENDED, 40-15-170, 40-15-190, 40-15-200, AS AMENDED, 40-15-210, 40-15-250, 40-15-300, AND 40-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO TO CHANGE THE REFERENCE TO COUNCIL ON DENTAL EDUCATION OF THE AMERICAN DENTAL ASSOCIATION TO THE COMMISSION ON DENTAL ACCREDITATION, TO ALSO DEFINE THE PRACTICE OF DENTISTRY TO INCLUDE ANYONE WHO OWNS OR LEASES AN ESTABLISHMENT OF ANY KIND IN WHICH DENTAL SERVICES ARE PERFORMED; TO PERMIT DENTAL ASSISTANTS AND HYGIENISTS TO TAKE IMPRESSIONS UNDER SUPERVISION OF A DENTIST; TO PERMIT DENTISTS AND DENTAL SPECIALISTS TO ADVERTISE, REQUIRE DENTISTS PRACTICING UNDER A TRADE NAME OR AS AN EMPLOYEE OF A DENTIST OR OF A PROFESSIONAL ASSOCIATION TO DISPLAY HIS NAME AND PLACE OF PRACTICE AT THE ENTRANCE WHERE PRACTICE IS CONDUCTED AND TO WEAR A NAME TAG; TO REQUIRE APPLICANTS FOR LICENSE TO PRACTICE DENTISTRY TO PRESENT EVIDENCE OF GOOD MORAL CHARACTER AND A NONRESIDENT APPLICANT TO CERTIFY THAT HE HAS NOT VIOLATED THIS ACT AND TO PROVIDE THAT THE APPLICANT'S FEE BE FIXED BY REGULATION; TO PROVIDE THAT THE LICENSE OF A DENTIST OR DENTAL HYGIENIST WHO DOES NOT RESIDE OR PRACTICE IN THIS STATE FOR SIX SUCCESSIVE YEARS IS INACTIVE INSTEAD OF REVOKED; TO PROVIDE GROUNDS FOR REVOCATION, SUSPENSION, PROBATION, REPRIMAND, OR OTHER RESTRICTION OF THE LICENSE OF A DENTIST, DENTAL HYGIENIST, OR TECHNICIAN; TO PROVIDE FOR A PUBLIC OR PRIVATE REPRIMAND FOR VIOLATION OF THIS ACT AND PLACE THE PARTY ON PROBATION OR IMPOSE A FINE OF UP TO ONE THOUSAND DOLLARS; TO PROVIDE A PENALTY; AND TO PROVIDE THAT THE FEE FOR THE EXAMINATION FOR LICENSING SPECIALISTS IS FIXED BY REGULATION AND EXEMPT DIPLOMATES OF A NATIONAL CERTIFYING BOARD; AND TO AMEND THE CODE BY ADDING SECTIONS 40-15-215, 40-15-390, AND 40-15-400 SO AS TO PROVIDE THAT FINAL ORDERS OF THE BOARD THAT THE DENTIST, DENTAL HYGIENIST, OR TECHNICIAN IS GUILTY ARE MADE PUBLIC UNLESS THE ACCUSATION IS DISMISSED, PROVIDE THAT DENTISTS MAY NOT BE DENIED MEMBERSHIP ON THE MEDICAL STAFF OF A STATE LICENSED HOSPITAL, AND PERMIT AN INSURED TO CHOOSE ANY LICENSED DENTIST TO PROVIDE DENTAL SERVICES UNDER ACCIDENT AND HEALTH CARE INSURANCE OR DENTAL PLAN.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was introduced on Wednesday, January 29, by the Committee on Labor, Commerce and Industry.

"Section 40-15-85. The term "direct supervision" means that the dentist is in the dental office, personally diagnoses the condition to be treated, personally authorizes the procedure and before the dismissal of the patient, evaluates the performance of the dental auxiliary. Such a requirement does not mandate that the dentist be present at all times but he must be on the premises actually involved in supervision and control."

Rep. McEACHIN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 2958--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. OGBURN, with unanimous consent, it was ordered that H. 2958 be read the third time tomorrow.

H. 2141--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2141 -- Rep. Schwartz: A BILL TO AMEND SECTION 42-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO MAKE REQUIRED REPORTS IN WORKERS' COMPENSATION CLAIMS, SO AS TO CHANGE THE MAXIMUM AMOUNT OF THE PENALTY FROM FIFTY DOLLARS TO TWO HUNDRED FIFTY DOLLARS.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1. Section 42-19-30 of the 1976 Code, as last amended by Act 27 of 1981, is further amended to read:

"Section 42-19-30. Any employer or insurance carrier who refuses or neglects to submit required forms, records, and reports as may be necessary for the proper handling or adjudication of a claim shall beis liable for a penalty of not less than ten dollars nor more than fiftyone hundred dollars for each refusal or neglect. The fine provided in this section may be assessed by the Commissioncommission with the right of review and appeal as in other cases."

SECTION 2. This act shall take effect upon approval by the Governor.

Rep. L. MARTIN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

OBJECTION TO MOTION

Rep. L. MARTIN asked unanimous consent that H. 2141 be read a third time tomorrow.

Rep. KEYSERLING moved to adjourn debate upon the Bill, which was rejected.

POINT OF ORDER

Rep. L. MARTIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 2751--POINT OF ORDER

The following Bill was taken up.

H. 2751 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1645, SO AS TO ALLOW A STATE AGENCY TO COMPENSATE A FOSTER FAMILY FOR THE UNINSURED LOSS NOT TO EXCEED FIVE HUNDRED DOLLARS THAT THEY INCUR WHEN THEIR PROPERTY IS DAMAGED OR DESTROYED BY THE FOSTER CHILD PLACED IN THEIR HOME.

POINT OF ORDER

Rep. WHITE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 2754--POINT OF ORDER

The following Bill was taken up.

H. 2754 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND SECTION 20-7-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTAKE SERVICES PROVIDED TO JUVENILES BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO PROVIDE THAT JUVENILES MAY NOT BE COMMITTED TO A RECEPTION AND EVALUATION CENTER OR YOUTH CORRECTIONAL INSTITUTION OF THE DEPARTMENT WITHOUT FIRST BEING REFERRED TO THE INTAKE SECTION OF THE DEPARTMENT AND PROVIDED WITH THE INTAKE SERVICES THE DEPARTMENT IS MANDATED TO PROVIDE.

Rep. WHITE explained the Bill.

POINT OF ORDER

Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3040--POINT OF ORDER

The following Bill was taken up.

H. 3040 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-32 SO AS TO AUTHORIZE COUNTY COUNCILS TO ISSUE SUBPOENAS AND TO CONDUCT INVESTIGATIONS OF THE DEPARTMENTS OF COUNTY GOVERNMENT AND PUNISH FOR CONTEMPT.

Rep. SHEHEEN explained the Bill.

POINT OF ORDER

Rep. BEASLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3097--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3097 -- Rep. Kirsh: A BILL TO AMEND SECTION 23-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES LESS THAN SIX MONTHS AND MORE THAN SIX MONTHS PRIOR TO THE NEXT GENERAL ELECTION FOR COUNTY SHERIFFS AND TO PROVIDE FOR THE FILLING OF VACANCIES UPON ANY SHERIFF'S INDICTMENT AND SUSPENSION AND ACQUITTAL OR CONVICTION.

Amend the bill, as and if amended, by striking /six months/ as contained on lines 4, 17, and 32 of Section 23-11-40 and by striking /six months/ which begins on line 36 of Section 23-11-40 and inserting /one year/ so that when amended, Section 23-11-40 shall read:

/Section 23-11-40. In the event that(A)If any vacancy shall, at any time, occuroccurs in the office of sheriff in any county of this State less than one year prior to the next general election for county sheriffs, the Governor may appoint some suitable person, who shallmust be an elector of suchthe county and who, upon duly qualifying, according to law, shall beis entitled to enter upon and hold the office until a sheriff is elected and qualifies in the next general election for county sheriffs and shall beis subject to all the duties and liabilities incident to suchthe officer during the term of his service in suchthe office.

(B) If any vacancy occurs in the office more than one year prior to the next general election for county sheriffs, a special election must be held to elect a sheriff to hold the office until a sheriff is elected and qualifies in the next general election for county sheriffs.

(C) If any vacancy occurs in the office at any time and is created by suspension by the Governor upon any sheriff's indictment, the Governor may appoint some suitable person, as provided for in subsection (A), to hold the office until the suspended sheriff is acquitted or until a sheriff is elected and qualifies in the next general election for county sheriffs, whichever event occurs first.

If the suspended sheriff is convicted less than one year prior to the next general election for county sheriffs, the appointed sheriff holds the office until a sheriff is elected and qualifies in the election. If the suspended sheriff is convicted more than one year prior to the next general election for county sheriffs, the appointed sheriff holds the office until a sheriff is elected and qualifies in a special election to be held in the county. The sheriff elected in the special election holds the office until a sheriff is elected and qualifies in the next general election for county sheriffs."/

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3097--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3097 be read the third time tomorrow.

H. 2284--OBJECTIONS AND POINT OF ORDER

The following Bill was taken up.

H. 2284 -- Reps. Woodruff, Huff and Limehouse: TO AMEND SECTION 20-7-1370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND TERMS OF JUDGES, SO AS TO INCREASE THE TERMS OF FAMILY COURT JUDGES FROM FOUR TO SIX YEARS AND TO PROVIDE FOR THE EXPIRATION DATE OF THOSE TERMS.

Reps. WINSTEAD and WASHINGTON objected to the Bill.

POINT OF ORDER

Rep. BLACKWELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 126--POINT OF ORDER

The following Bill was taken up.

S. 126 -- Senator Thomas E. Smith, Jr.: A BILL TO AUTHORIZE EVERY STANDING COMMITTEE OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, EVERY JOINT STUDY COMMITTEE OF THE GENERAL ASSEMBLY, AND EVERY JOINT SUBCOMMITTEE OF STANDING COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES TO ISSUE SUBPOENAS, ADMINISTER OATHS, TAKE DEPOSITIONS, AND RECEIVE TESTIMONY AND EVIDENCE AS NECESSARY TO CARRY OUT ITS DUTIES, INCLUDING SUBPOENAS FOR OTHERWISE CONFIDENTIAL RECORDS; TO PROVIDE A METHOD FOR LIMITING, REVOKING, OR MODIFYING SUBPOENAS ISSUED; TO PERMIT THE RECEIPT OF TESTIMONY AND EVIDENCE IN EXECUTIVE SESSION FOR GOOD CAUSE SHOWN; TO PROVIDE FOR THE ENFORCEMENT OF SUBPOENAS; AND TO GRANT IMMUNITY FROM CIVIL OR CRIMINAL ACTIONS TO PERSONS PRODUCING MATERIALS PURSUANT TO SUBPOENA.

POINT OF ORDER

Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 209--POINT OF ORDER

The following Bill was taken up.

S. 209 -- Senators Bryan, Long, Mitchell, McConnell, Lourie and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-70, SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO COMPLIES WITH A VALID SUBPOENA TO TESTIFY IN A COURT OR ADMINISTRATIVE PROCEEDING OR TO SERVE ON A JURY OF ANY COURT AND TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER.

POINT OF ORDER

Rep. HEARN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3384--POINT OF ORDER

The following Bill was taken up.

H. 3384 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE CONSOLIDATION OF POLITICAL SUBDIVISIONS; AND TO ADD SECTION 4-9-41 SO AS TO PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS OF POLITICAL SUBDIVISIONS.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 157--ORDERED TO THIRD READING

Rep. HEARN withdrew her objection to the following Bill:

S. 157 -- Senator E. Patterson: A BILL TO AMEND ARTICLE 1 OF CHAPTER 7 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS CONCERNING HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING SECTION 44-7-70, SO AS TO PROVIDE FOR THE REPORTING TO THE STATE BOARD OF MEDICAL EXAMINERS THE RESULTS OF AND THE CIRCUMSTANCES CONCERNING ACTION RESULTING IN THE REVOCATION, SUSPENSION, OR OTHER LIMITATION UPON A PHYSICIAN'S PRIVILEGES TO PRACTICE IN A HEALTH CARE FACILITY, PROVIDE EXCEPTIONS TO THE REQUIREMENT OF MAKING THE REPORT, AND PROVIDE IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY UNDER CERTAIN CONDITIONS IN MAKING THE REPORT.

SPEAKER'S STATEMENT AND POINT OF ORDER

The SPEAKER stated that, as time had expired on the uncontested calendar, the Bills rendered uncontested during the Withdrawal of Objections period would not be taken up at this time.

Rep. WINSTEAD raised the Point of Order that, in accordance with Rule 5.17, the Bill should be taken up for immediate consideration.

The SPEAKER, after citing the Rule, sustained the Point of Order, and stated that the time limitation included in the previous ruling of SPEAKER Pro Tempore S. Anderson was merely dicta, and this ruling was therefore not contrary to the previous one.

Rep. LOCKEMY explained the Bill.

The Bill was read the second time and ordered to third reading.

S. 157--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that S. 157 be read the third time tomorrow.

H. 3083--OBJECTIONS WITHDRAWN AND OBJECTIONS

Upon the withdrawal of an objection by Rep. J. ROGERS, the following Bill was taken up.

H. 3083 -- Reps. Harvin, Blackwell, T. Rogers, White, Pearce, Holt, G. Bailey, McLeod, Gilbert, J. Anderson, L. Phillips, Huff, Elliott, J.W. Johnson, Taylor, Washington, Barfield, Jones, Stoddard, Neilson, McTeer, Mattos, Snow, McBride, J. Harris, Gordon, Woods, Petty, Lake, Ferguson, Altman, Felder, W. Arthur, Cleveland, Bennett, Sheheen, L. Martin, Mitchell, Blanding, Sturkie, Keyserling, Klapman, J. Arthur and O. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-85, SO AS TO PROVIDE THAT IF THE GENERAL APPROPRIATION ACT FOR THE FOLLOWING FISCAL YEAR IS NOT ENACTED BY JUNE 15 OF ANY YEAR, THE APPROPRIATION ACT OF THE THEN CURRENT FISCAL YEAR SHALL CONTINUE IN FORCE UNTIL ANOTHER GENERAL APPROPRIATION ACT IS ENACTED.

Rep. J. ROGERS spoke upon the Bill.

Rep. LOCKEMY asked unanimous consent to amend the Bill on third reading.

Rep. BLACKWELL objected.

Rep. BEASLEY withdrew his objection to the Bill.

Rep. P. BRADLEY objected to the Bill.

Rep. LOCKEMY spoke against the Bill.

Rep. RAWL spoke in favor of the Bill.

Rep. LOCKEMY objected to the Bill.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 30, 1986

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:05 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

No. 8

Received as information.

On motion of Rep. SHEHEEN the invitation was accepted.

H. 2287--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 9, Rep. P. BRADLEY having the floor.

H. 2287 -- Reps. Toal, J. Rogers, Hughston, J.W. Johnson, Klapman, Archibald, Sheheen, Kirsh, Wilkins, Taylor, McBride, Mangum, Woodruff, Faber, Schwartz, Keyserling, Pearce, Freeman, McLellan, Cleveland, Shelton, Harvin, P. Harris, Hayes, S. Anderson, Foxworth, B.L. Hendricks, Lloyd Hendricks, White, Gulledge, Russell, and Limehouse: A BILL TO AMEND SECTION 5-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF A PETITION SIGNED BY A MAJORITY OF FREEHOLDERS IN AN AREA DESIRING TO BE ANNEXED TO A MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT AN ELECTION BE HELD WITHIN THE ANNEXING MUNICIPALITY; SECTION 5-3-60, RELATING TO NOTICE OF THE ANNEXATION ELECTION HELD UNDER THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE BE POSTED IN THREE CONSPICUOUS PLACES WITHIN THE ANNEXING MUNICIPALITY; AND SECTIONS 5-3-70 AND 5-3-80, RELATING TO THE CONDUCT AND RESULTS OF THE ELECTION INITIATED PURSUANT TO THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE REFERENCES TO THE ELECTION BEING CONDUCTED AND VOTES BEING COUNTED WITHIN THE ANNEXING MUNICIPALITY.

AMENDMENT NO. 9--TABLED

Debate was resumed on Amendment No. 9, which was introduced on Wednesday, January 29, by Rep. P. BRADLEY.

Rep. P. BRADLEY explained the amendment.

Rep. FREEMAN spoke against the amendment.

Rep. P. BRADLEY spoke in favor of the amendment.

SPEAKER Pro Tempore IN CHAIR

Rep. FREEMAN moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___. In conducting an election pursuant to the provisions of Chapter 3 of Title 5 of the 1976 Code, the municipality may incur only those expenses associated directly with the conduct of the election. In no instance may municipal funds be used to advertise an election held under the provisions of Chapter 3 of Title 5 of the 1976 Code./

Renumber sections to conform.

Amend totals to conform.

Rep. P. BRADLEY explained the amendment.

Rep. FREEMAN spoke against the amendment.

Rep. P. BRADLEY spoke in favor of the amendment.

Rep. FREEMAN moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. If fifty percent of the freeholders within the territory proposed to be annexed sign a petition for annexation, the petition must be presented to the municipal council, and an election must be held only in the territory proposed to be annexed.

SECTION 2. This act shall take effect upon approval by the Governor./

Amend title to conform.

Rep. BLACKWELL explained the amendment.

Rep. FREEMAN spoke against the amendment.

Reps. WINSTEAD and P. BRADLEY spoke in favor of the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. WALDROP a leave of absence for the remainder of the day due to a Doctor's appointment.

Amend the bill, as and if amended, subsection (A) of Section 5-3-300, by striking the first sentence and inserting: /Notwithstanding any other provision of law, nothing in this chapter shall affect the service area or assets of any special purpose district or public service district (district)./

Amend title to conform.

Rep. BARFIELD explained the amendment.

The amendment was then adopted.

SPEAKER IN CHAIR

Rep. J. BRADLEY proposed the following Amendment No. 16 (Doc. No. 1483R), which was later tabled.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___. Any municipality providing fire protection services to any unincorporated area must also make available this service to all areas contiguous to the municipality./

Renumber sections to conform.

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

Rep. FREEMAN spoke against the amendment.

POINT OF ORDER

Rep. BLACKWELL raised the Point of Order that Amendment No. 16 to H. 2287 was not germane to the Bill.

Rep. J. BRADLEY argued that both dealt with annexation and with the distribution of services, and was therefore germane.

The SPEAKER overruled the Point of Order, and stated the amendment was germane to the Bill.

Rep. FREEMAN continued speaking.

Rep. J. BRADLEY spoke in favor of the amendment.

Rep. CARNELL moved that the House adjourn subject to the Ratification of Acts and demanded the yeas and nays, which were taken resulting as follows:

So, the motion to adjourn subject to the Ratification of Acts was rejected.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 16.

RATIFICATION OF ACTS

At 12:05 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R.304) S. 401 -- Senators Waddell, Lourie, Leatherman and Theodore: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-975 AND 12-37-980, SO AS TO PERMIT THE FILING OF AMENDED PROPERTY TAX RETURNS AND TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO ACCEPT, FOR GOOD CAUSE, TENTATIVE PROPERTY TAX RETURNS BASED ON ONE HUNDRED PERCENT ESTIMATED VALUE FOR MERCHANTS' INVENTORIES, MACHINES, EQUIPMENT, FURNITURE, FIXTURES, COMMERCIAL BOATS, AND MANUFACTURERS' REAL AND PERSONAL PROPERTY.

(R.305) S. 406 -- Senators Waddell, Lourie, Leatherman and Theodore: AN ACT TO REPEAL CHAPTER 11 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POOL AND BILLIARDS.

(R.306) S. 402 -- Senators Waddell, Lourie, Leatherman and Theodore: AN ACT TO AMEND SECTION 12-3-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR OBTAINING AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE FOR THE TIME PERIOD OF APPLICATION FOR EXEMPTION FOR OWNERS OF PERSONAL MOTOR VEHICLES OWNED BY RECIPIENTS OF THE MEDAL OF HONOR, PERSONS REQUIRED TO USE WHEELCHAIRS, AND CHURCHES.

(R.307) S. 405 -- Senators Waddell, Lourie, Leatherman and Theodore: AN ACT TO REPEAL ARTICLE 15 OF CHAPTER 21 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON MALT AND MALT EXTRACTS.

(R.308) S. 404 -- Senators Waddell, Lourie, Leatherman and Theodore: AN ACT TO AMEND SECTIONS 12-21-670, 12-21-1710, AS AMENDED, AND 12-21-2440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE LICENSES REQUIRED BY THE SOUTH CAROLINA TAX COMMISSION FROM PERSONS ENGAGED IN PURCHASING, SELLING, OR DISTRIBUTING TOBACCO PRODUCTS FOR PURPOSES OF THE TOBACCO TAX, DISTRIBUTORS AND WHOLESALE DEALERS IN SOFT DRINKS FOR PURPOSES OF THE SOFT DRINK TAX, AND OPERATORS OF PLACES OF AMUSEMENT, FOR PURPOSES OF THE ADMISSIONS TAX, SO AS TO PROVIDE FOR PERMANENT LICENSING AND TO REPEAL SECTION 12-21-1720 RELATING TO ANNUAL PAYMENT OF LICENSES FEES.

(R.309) S. 453 -- Finance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-305 SO AS TO PROVIDE FOR THE PAYMENT OF TAXES, INTEREST, AND PENALTIES WHEN THE VALUATION OF THE PROPERTY TAXED IS APPEALED.

(R.310) S. 403 -- Senators Waddell, Lourie, Leatherman and Theodore: AN ACT TO AMEND SECTION 12-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING INCOME TAX RETURNS, SO AS TO CLARIFY FILING REQUIREMENTS FOR EXEMPT ORGANIZATIONS, TO AMEND SECTION 12-7-2240, AS AMENDED, RELATING TO TAX REFUNDS, SO AS TO PROVIDE A PROCEDURE FOR A TAXPAYER TO CHALLENGE WITHHOLDING OF A REFUND BECAUSE OF A STUDENT LOAN DEFAULT, TO AMEND SECTION 12-19-20, AS AMENDED, RELATING TO LICENSE FEES OF CORPORATIONS, SO AS TO CLARIFY REPORTING REQUIREMENTS OF EXEMPT ORGANIZATIONS, TO AMEND ARTICLE 19, CHAPTER 21, OF TITLE 12 OF THE 1976 CODE, RELATING TO THE TAX ON X-RATED MOVIES, SO AS TO MOVE TO THE ARTICLE THE PROVISIONS RELATING TO COIN-OPERATED MACHINES AND DEVICES AND OTHER AMUSEMENTS ADMINISTERED BY THE SOUTH CAROLINA TAX COMMISSION, TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1125, SO AS TO EXEMPT INDIVIDUALS RENTING ACCOMMODATIONS TO TRANSIENTS FOR ONE WEEK OR LESS IN A CALENDAR QUARTER FROM OBTAINING RETAIL LICENSES AND TO PRESCRIBE A METHOD FOR THEIR PAYING SALES AND ACCOMMODATIONS TAXES ON RENTALS, AND TO REPEAL CHAPTERS 11 AND 15 OF TITLE 52 OF THE 1976 CODE, RELATING TO POOL, BILLIARDS, AND COIN-OPERATED MACHINES AND DEVICES.

(R.311) S. 476 -- Senators Dennis, Lindsay and Holland: AN ACT TO AMEND SECTIONS 9-1-1010, 9-1-1050, 9-1-1100, 9-1-1110, 9-1-1130, 9-1-1170 AND 9-1-1810, ALL AS AMENDED, AND 9-1-1830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO TRANSFER THE ASSETS OF THE POST-RETIREMENT INCREASE SPECIAL FUND TO THE EMPLOYER ANNUITY ACCUMULATION FUND; AND TO REPEAL SECTION 9-1-1820 RELATING TO THE POST-RETIREMENT INCREASE SPECIAL FUND.

(R.312) S. 827 -- Senators Garrison and Powell: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDEFINE PRECINCT LINES WITHIN THE CITY OF ANDERSON.

(R.313) S. 825 -- Senator Bryan: AN ACT TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-288 IN LAURENS COUNTY, WHICH WILL THEN BE PLACED IN THE LAURENS COUNTY ROAD SYSTEM.

(R.314) H. 2337 -- Rep. T.M. Burriss: AN ACT TO AMEND SECTION 34-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO PERMIT THE BOARD TO EXAMINE THE BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA.

(R.315) H. 2492 -- Reps. M.D. Burriss, Evatt, Toal, Taylor, T. Rogers, McBride and Patterson: AN ACT TO PROVIDE THAT THE TERMS OF THE MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS NO. 1 AND NO. 2 IN RICHLAND COUNTY SHALL COMMENCE ONE WEEK FOLLOWING THE CERTIFICATION OF THEIR ELECTIONS INSTEAD OF JANUARY FIRST FOLLOWING THEIR ELECTIONS.

(R.316) H. 3012 -- Rep. Waldrop: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CAROLINA HERITAGE INVESTMENT COMPANY, INC.

(R. 317) H. 3334 -- Reps. McAbee and Toal: AN ACT TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE JOINT MUNICIPAL WATER SYSTEMS ACT, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PROJECT" THE COLLECTION, TREATMENT, AND DISPOSAL OF WASTEWATER; TO AMEND THE CODE BY ADDING SECTIONS 6-25-25 AND 6-25-35 SO AS TO AUTHORIZE A JOINT SYSTEM FORMED UNDER THE PROVISIONS OF THE JOINT MUNICIPAL WATER SYSTEMS ACT TO PURCHASE, CONSTRUCT, ACQUIRE, AND TO DO OTHER ACTS NECESSARY TO ACCOMPLISH THE PURPOSES AUTHORIZED UNDER THE ACT AND TO INCLUDE THE NEW PURPOSES AS ADDED BY THE PROVISIONS OF THIS ACT WHEN REFERRING TO PROJECT PURPOSES PERTAINING SPECIFICALLY TO WATER.

H. 2287--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 16.

H. 2287 -- Reps. Toal, J. Rogers, Hughston, J.W. Johnson, Klapman, Archibald, Sheheen, Kirsh, Wilkins, Taylor, McBride, Mangum, Woodruff, Faber, Schwartz, Keyserling, Pearce, Freeman, McLellan, Cleveland, Shelton, Harvin, P. Harris, Hayes, S. Anderson, Foxworth, B.L. Hendricks, Lloyd Hendricks, White, Gulledge, Russell, and Limehouse: A BILL TO AMEND SECTION 5-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF A PETITION SIGNED BY A MAJORITY OF FREEHOLDERS IN AN AREA DESIRING TO BE ANNEXED TO A MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT AN ELECTION BE HELD WITHIN THE ANNEXING MUNICIPALITY; SECTION 5-3-60, RELATING TO NOTICE OF THE ANNEXATION ELECTION HELD UNDER THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE BE POSTED IN THREE CONSPICUOUS PLACES WITHIN THE ANNEXING MUNICIPALITY; AND SECTIONS 5-3-70 AND 5-3-80, RELATING TO THE CONDUCT AND RESULTS OF THE ELECTION INITIATED PURSUANT TO THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE REFERENCES TO THE ELECTION BEING CONDUCTED AND VOTES BEING COUNTED WITHIN THE ANNEXING MUNICIPALITY.

AMENDMENT NO. 16--TABLED

Debate was resumed on Amendment No. 16 by Rep. J. BRADLEY.

Rep. FREEMAN moved to table the amendment.

Rep. J. BRADLEY demanded the yeas and nays, which were taken resulting as follows:

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments to the Bill.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3355 -- Rep. Harvin: A CONCURRENT RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO DESIGNATE THE WEEK OF JANUARY 26, 1986, TO FEBRUARY 1, 1986, AS "TRUCK AND BUS SAFETY WEEK".

H. 3390 -- Reps. Koon, T.M. Burriss, Derrick, Felder, Klapman, Sharpe, Sturkie and Gentry: A CONCURRENT RESOLUTION TO COMMEND MR. DAVIS DURHAM OF WEST COLUMBIA FOR HIS SERVICE AS DISTRICT SCOUT EXECUTIVE FOR THE SALUDA RIVER DISTRICT OF THE INDIAN WATERS COUNCIL OF THE BOY SCOUTS OF AMERICA UPON HIS RETIREMENT AFTER HAVING SERVED SCOUTING IN A PROFESSIONAL CAPACITY FOR TWENTY-FIVE YEARS.

ADJOURNMENT

At 12:28 P.M. the House in accordance with the motion of Rep. HOLT adjourned to meet at 10:00 A.M. tomorrow.